Collecting Unpaid Support

By Staff Writer

All states have specific enforcement remedies available to help you collect unpaid child support from a deadbeat parent. In addition to the remedies which your particular state provides, there is an often over-looked federal enforcement measure. Under the Child Support Recovery Act of 1992, a willful failure to pay past due child support for a child residing in another state was made a federal criminal offense. In enacting this Act, the problem of parents traveling to different states or foreign jurisdictions in order to evade their child support obligation was sought to be remedied. A person who was convicted of a first violation of this Federal Act faced prison sentences of up to six months and monetary fines. Any subsequent conviction subjected the offender to increase time in prison in addition to fines.

In 1998, the Child Support Recovery Act was amended. While the initial law remained largely intact, the 1998 Act, known as The Deadbeat Parents Punishment Act makes it a federal crime to travel between states or foreign commerce in order to avoid your child support obligation if the obligation has remain unpaid for longer than one year or is greater than $5,000.00. Similarly, under the 1998 Act, it is a federal crime to not pay a child support obligation with respect to a child who resides in another State, if the obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000.

If an individual is convicted under the Federal Statute, a Court will have, as sentencing options, the imposition of prison sentences, fines, and the payment of restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. A convicted individual will also be placed on probation. During this period, he or she will have to follow specific conditions, such as mandatory employment. If the probation conditions are violated, that individual may serve additional time in prison.

If you believe that you may be able to use the Federal Statute to enforce unpaid child support, you should consult with an experienced local attorney. In addition to general knowledge about matrimonial and family law, the attorney with whom you consult, should be knowledgeable about Federal law and the enforcement remedies afforded by the Federal Statutes.